Dudgeon v R [2014] NSWCCA 301

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dudgeon v R [2014] NSWCCA 301 Hearing dates: 25/08/2014 Decision date: 10 December 2014 Before: Beazley P at [1]; Hidden J at [8]; Fullerton J at [9] Decision: 1. The sentences imposed in the District Court on 13 May 2013 are quashed. 2. In lieu thereof and after taking into account the offences on the Form 1 on the first count the applicant is sentenced to imprisonment for 4 years with a non-parole period of 2 years to date from 8 November 2012 and, on the second count, to imprisonment for a period of 4 years with a non-parole period of 2 years to date from 8 November 2013. 3. The applicant is eligible to be considered for release to parole on 7 November 2015. Catchwords: CRIMINAL LAW - appeal against sentence - aggravated break, enter and steal - applicant has a terminal illness Legislation Cited: Crimes Act 1900 (NSW), s 112(2) Crimes (Administration of Sentences) Act 1999 (NSW), s 160 Cases Cited: Iglesias v R [2006] NSWCCA 261 R v Achurch [2011] NSWCCA 186; 216 A Crim R 152 Category: Principal judgment Parties: Adam Jason Dudgeon (Applicant) The Crown (Respondent) Representation: Counsel: D Carroll (Applicant) V Lydiard (Crown) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2012/348987 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-05-13 00:00:00 Before: Maiden DCJ File Number(s): 2012/348987